TERMS AND CONDITIONS (“TERMS”)

College Heights Fitness inc. will hereby be referred to as the studio in the following agreement:

MEMBER’s right and immediate and permanent use of its facilities may be cancelled for MEMBER’s failure to pay within 10 days of their due date, however, MEMBER agrees that the College Heights Fitness inc. has earned the initial program charge and the minimum agreed months of dues. That no portion of these is cancel-able or refundable, except as may be required by your rights under section 23 and section 25 of the BPCPA.

The STUDIO in its absolute discretion may re-admit such member to their full rights. 

Voluntary Cancellation of Membership: In the event that a MEMBER wishes to cancel membership after the initial card fee (enrollment) and the minimum amount of monthly dues agreed upon in membership term has been paid, the member shall personally fill out a 30 Day Cancellation Notice Form. Upon receipt by the College Heights Fitness inc. of said 30 days notice of cancellation, including all membership cards issued in his/her name, the MEMBER’s liability for all future installments of dues after 30 days shall be cancelled. No phone cancellation. Must cancel in person. We will accept mailed or emailed cancellation when proof that your unable to present in person is provided. Such as out of town address.

The MEMBER agrees that any failure on his/her part to take advantage of the privileges of membership shall not relieve the MEMBER from liability for any dues owing up to the date of cancellation acceptance by the STUDIO. The initial program charge and monthly dues agreed upon in previous paragraphs are non refundable, except as may be required by your rights under section 23 and section 25 of the BPCPA.. 

Assignment: The MEMBER acknowledges and agrees that this agreement and promise to pay may be assigned by the STUDIO at its sole option to a third party, provided always that the MEMBER shall receive notice in writing of any such assignment.

1. The undersigned acknowledges that he/she is desirous of being a MEMBER on a membership basis, with admittance to “College Heights Fitness Inc.”

2. “Acceptance” When used herein shall mean execution of this application and agreement by an authorized signatory of the STUDIO and delivery of a copy of same to the MEMBER.

3. The MEMBER states that he/she is physically able to proceed with the exercises and other facilities provided by College Heights Fitness Inc.

4.The membership term shall commence with the acceptance of this application by College Heights Fitness Inc.

5. While dues are current, MEMBER acknowledges that he/she is contracting with College Heights Fitness Inc. for the right to be admitted to its premises. Cardio, Wellness Program, tanning, Bio-Analogics, Aerobics, One on One instruction, use of studio, seminars, social functions, juice bar, weight loss program, retail, lockers – are  optional at an additional fee. College Heights Fitness Inc. reserves the right to provide new facilities and programs at an additional fee.

6.The MEMBER agrees to pay College Heights Fitness Inc. service charges levied against any payment returned to College Heights Fitness Inc, as well as late fees, past due balance fee, delinquent service fee and collection fees .

We will charge a $45 NSF fee on each returned PAP under bank draft and the bank will auto-represent your payment after 14 days.

On Credit card or credit/debit cards we will charge a $4.99 late fee for your first decline. After 5 days we will automatically reprocess your dues and late charge.

We will charge $9.50 for your second decline as a past due balance fee. After 10 days we will automatically reprocess your past due balance.

On third decline we will charge a $19.50 Delinquent account service fee.

Accounts will be transitioned to the collections status after they have declined at least 3 times and are at least 30 days past-due. We will add 10 percent of the balance as a collection fee before forwarding your account to a collection company.

We may increase your membership 5 percent annually to keep pace with inflation and other costs.

7. If any portion of this contract shall be held invalid, the remainder of the contract shall remain in full force and effect. The application shall not be binding on the aforesaid College Heights Fitness Inc. until acceptance and execution thereof by an authorized signing authority.

8. Notice of Right of Cancellation:8.1The buyer may cancel this contract by giving notice of cancellation not later than ten days after the date on which a copy of the contract is received by buyer. 

8.2  Once the membership agreement is complete and in effect, a 30 day cancellation notice must be filled out at College Heights Fitness Inc. All documents, including membership cards and/or fobs belonging to College Heights Fitness Inc. must be returned. No phone cancellations. Must cancel in person. Id is required when cancelling a membership.         

9. The MEMBER undertakes the sole responsibility of attending the studio, for the specific period of time mentioned in the contract. It is a condition of the use of the facilities and premises by any person including the MEMBER that such person voluntarily assumes all risk of accident or damage of his/her person and property and loss thereof, other than the liability for intentional or grossly negligent acts on part of College Heights Fitness Inc. or its employees. Neither College Heights Fitness Inc. nor any of its associated fitness studios, nor their officials, agents or employees, shall be liable for any claim, liability or demand of any kind for or on account of, personal injury or damages, or loss of any kind sustained by any person, his/her heirs, or executors whether caused by negligence, fault, failure, breach of contract of otherwise howsoever.

10.Should the fitness studio designated as the center to which the MEMBER made application for membership be unavailable for MEMBER’s use due to damage caused by fire, act of God, catastrophe, accident, lease expiry, or for any reason whatsoever, the member will have the option, to use the geographically nearest College Heights Fitness Inc. location, or deemed partnership facility. Alternatively, you will have the option to cancel the contract under BPCPA 25(2)(b). If Fitness centers are all closed or there are no available options for a brief period of time dues are still valid and owed unless cancelled.

11. The MEMBER agrees that while engaging in the use of the premises of the STUDIO and/or its associated fitness studios, his/her conduct will at all times be such that it presents no danger to other members or staff or interferes with the “Quiet Enjoyment” of the other members nor disrupts the staff in carrying out any of their duties. Furthermore the MEMBER agrees that they will not bully or harass other members or staff.

12. The MEMBER agrees to abide by the rules, regulations and privileges of membership as set forth, or posted, by the STUDIO or from time to time to be set forth or posted by College Heights Fitness Inc. In the event of non-compliance with the rules, regulations and privileges of membership, College Heights Fitness Inc. reserves the right to take whatever action is deemed necessary to ensure compliance with the aforesaid.  

13. The MEMBER agrees not to allow entry of non-members into the club. Use of membership cards and/or key fobs by unauthorized individuals or non members is strictly prohibited. College Heights Fitness Inc. reserves the right to levy a $50.00 charge against members caught allowing entry to non-members or allowing unauthorized use of membership cards and/or key fobs.

14. MEMBER and College Heights Fitness Inc. acknowledges that this agreement, and any negotiable instrument executed contemporaneously herewith, constitute the entire understanding of the parties, and that no other understanding, or agreement exists between them, and that College Heights Fitness Inc. has made no expressed or implied warranties or representations, other than those set forth herein, to induce the MEMBER into this contract.

15. This contract is non-cancel-able or non-transferable by the member for any reason whatsoever other than those set forth herein, or as legally required and no subsequent modification of this contract may be made except in writing and agreed to by all parties.

SMS: MEMBER agrees to text sms messaging.T o stop receiving text messages, text STOP, STOP ALL, END,QUIT, CANCEL or UNSUBSCRIBE to the number from which you received the last text message. You agree that following a request to unsubscribe from a particular Sender’s texts, you will receive one (1) final message from that Sender confirming that you have been inactivated with respect to texts from that Sender.

MEMBER hereby acknowledges receipt of a copy of the foregoing contract signed by the MEMBER as a copy of the rules, regulations, and privileges of membership, and MEMBER certifies that he/she is of legal age at the time of signing this contract.

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Website Terms And Conditions

Last updated: (January 2017) PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. Disclaimer: You understand that it is your responsibility to ensure you read and understand the privacy policy, terms of service and all legal elements of our site . The information found on Collegeheightsfitness.com is strictly for informational purposes only. collegehightsfitness.com is designed for the exchange of information only. collegeheightsfitness.com assumes no liability for any injury, illness or loss. Always consult your medical professional before adopting any of the nutritional and training methods featured on Collegeheightsfitness.com Copyright 2015. All rights reserved. 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To the fullest extent permissible pursuant to applicable law,collegeheightsfitness.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. collegeheightsfitness.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. collegeheightsfitness.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.Limitation of Liability collegeheightsfitness.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site or the performance of it’s services and products. Typographical Errors In the event that a collegeheightsfitness.com product is mistakenly listed at an incorrect price, collegeheightsfitness.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. collegeheightsfitness.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, collegeheightsfitness.com shall issue a credit to your credit card account in the amount of the incorrect price. 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